Naveen Jaswal @ Veenu vs State Of Himachal Pradesh

Virender Singh, J

Applicant­Naveen Jaswal @ Veenu has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 376/2024, dated 18.11.2024, under Section 21 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘ND&PS Act’), registered with Police Station Sadar Una, District Una, H.P.

According to the applicant, he is innocent person and has falsely been implicated, by the police, in this case. The investigation of the present case is stated to be complete and police has filed the charge­sheet against him.

It is the case of the applicant that the contraband, allegedly shown to have been recovered, in this case, does not fall within the definition of commercial quantity, as such, rigors of Section 37 of the ND&PS Act are not applicable, in the present case.

Apart from this, long period of custody i.e. 11 months, has also been pleaded as one of the grounds for seeking the relief of bail.

According to the applicant, till now the prosecution could examine only five witnesses in this case.

The applicant has earlier moved similar bail application before the Court of learned Special Judge Una, H.P., however, the application was dismissed vide order dated 10.09.2025.

The applicant has given the details of the cases, which have been registered against him, which is reproduced as under:­

(i) FIR No. 74/2020, dated 12.03.2020;

(ii) FIR No. 103/2023, dated 18.04.2023;

(iii) FIR No. 103/2024.

All the three cases are stated to be registered under Section 21 of the ND&PS Act.

Apart from this, Mr. Pankaj Mehta, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

On the basis of the above facts, a prayer has been made to allow the bail application.

When, put to notice, the police has filed the status report, disclosing therein, that on 18.11.2024, ASI Suresh Kumar I.O. of ANTF­FU­CID­Kangra, District Kangra, H.P., has submitted a rukka to Police Station Sadar Una, disclosing therein that on that day i.e. 18.11.2024, he, along with other police officials, left the police station, in private vehicle bearing No. HP72C­6882, while on duty to detect the crime relating to excise and narcotics.

10.1 When, at about 2:20 pm, he was at Village Malahat, then, he received a secret information that a person on white Honda Activa Scooty, bearing registration No. HP20­4197, is coming from Una College side and going towards Malahat side. The front number plate is not there. The said person is dealing in the business of sale/purchase of Chitta/Heroin. As per the secret information, if the said scooty is intercepted, large quantity of chitta/heroin could be recovered. Said information was found to be authentic and reliable and according to the I.O., in case he obtains the search warrant, delay could be caused and in that eventuality, there was possibility of removal of contraband from there. As such, the I.O. has prepared the information under Section 42(2) of ND&PS Act and submitted the same to ASP Una.

10.2 Thereafter, the I.O. and picketing team went towards Railway Bridge at about 2:40 pm. When the police team, reached near Railway Bridge to Malahat road near Cross Bond Plywood Factory, then, from Una Railway Bridge side, a vehicle Bolero bearing No. HP20G­1421 came there. ASI Suresh Kumar has given signal to the driver of the said vehicle to stop. When the vehicle was stopped, two persons were there. ASI Suresh Kumar apprised them about the secret information. On inquiry, said person disclosed his name as Ram Singh and other person disclosed his name as Vinay Kumar. Thereafter, their consent was obtained and they were associated in the raiding party as independent witnesses.

10.3 At about 2:50 pm, a white coloured scooty came there. Front number plate of the said scooty was not there. ASI Suresh Kumar signalled the scooty driver to stop the same. Consequently, scooty was stopped. Thereafter, ASI Suresh Kumar gave his identification to the person, who was riding the scooty and in the presence of independent witnesses, his name and address were ascertained, upon which, he disclosed his name as Naveen Jaswal @ Veenu, son of Sh. Kulbir Singh, resident of Village and Post Office Saloh Uperla, Tehsil Haroli, District Una, H.P. age 32 years (applicant).

10.4 Thereafter, I.O. apprised him about the secret information and searched his scooty. During the search of scooty, in the dicky, under the tool kit, one transparent polythene packet was found. On checking, the polythene packet was found to be containing brown coloured granular/powdered substance. The said contraband was found to be chitta/ heroin. On weighment, the said contraband was found to be 36.02 grams. The contraband was taken into possession.

10.5 The codal formalities were completed. After registration of FIR, accused (applicant) was arrested. The contraband, thereafter, was produced before the Court and inventory proceedings were conducted. The contraband was sent to FSL Junga, from where, positive report has been received. As per the police, apart from the present case, following four cases were found to be registered against him:­

FIR No. 300/2015, dated 27.09.2015, under Sections 451, 323, 504, 506, 34 of IPC, Police Station Sadar Una, H.P. (acquitted by Ld. ACJM – 1 Una, on dated 09.09.2022);

FIR No. 74/2020, dated 12.03.2020, under Section 21 of ND&PS Act, Police Station Haroli, District Una, H.P.;

FIR No. 103/2023, dated 18.04.2023, under Section 21 of ND&PS Act, Police Station Haroli, District Una, H.P.; and

FIR No. 103/2024, dated 01.04.2024, under Section 21 of ND&PS Act, Police Station Sadar Una, H.P.

10.6. After receiving the positive report, police filed the charge sheet against the applicant, which is pending before learned Special Judge Una, H.P. Out of 24 witnesses, 11 witnesses have been examined and case is now stated to be listed on 05.02.2026, for prosecution witnesses.

10.7 On the basis of above facts, a prayer has been made to dismiss the application.

The contraband, allegedly recovered, in this case, from the possession of the applicant, does not fall within the category of commercial quantity, as such, rigors of Section 37 of ND&PS Act, are not applicable, in the present case.

So far as the registration of other cases against the applicant is concerned, neither, he has been convicted in the said cases, nor the police has made any effort to get the bail cancelled, in the above noted cases. As such, in the absence of any conviction, the applicant cannot be kept in the judicial custody, that too, for indefinite period, as pre­ trial punishment is prohibited under the law.

The investigation, in the present case, is complete. Meaning thereby, the custodial interrogation of the applicant is no longer required by the police, as, the police has taken the stand that the charge­sheet has been filed in the competent Court of Law, upon which, the learned trial Court had taken the cognizance and case is now listed on 05.02.2026, for prosecution witnesses. From the said fact, it can be said that chances of conclusion of the trial, against the applicant, in near future, are not so bright.

Moreover, pre­trial punishment is prohibited under the law. The punishment also cannot be inflicted before the conclusion of the trial.

At the time of deciding the bail application, detailed discussion about the merits of the case should be avoided, as the same may cause prejudice to the case of the prosecution, as well as, to the case of the accused.

While deciding the bail application, the main focus of the Court should be on the seriousness of the offences, availability of the applicant for trial and apprehensions, if any, expressed by the police. Although, in the status report, no apprehension has been expressed by the police.

In the given facts and circumstances of the case, this Court is of the view that the apprehensions expressed by the police, in this case, are too short to decline the relief to the applicant, as applicant Naveen Jaswal @ Veenu has been arrested, in this case, on 18.11.2024. This Court is of the view that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period.

Moreover, the applicant is permanent resident of District Una, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial.

Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

Consequently, the applicant is ordered to be released, on bail, in case FIR No. 376/2024, dated 18.11.2024, registered under Section 21 of the ND&PS Act, with Police Station Sadar Una, District Una, H.P., on his furnishing personal bonds in the sum of Rs. 50,000/­, with one surety of the like amount, to the satisfaction of the learned trial Court.

This order, however, shall be subject to the following conditions:­

“a) The applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application;

b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and

d) The applicant shall not leave the territory of India without the prior permission of the Court.”

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

It is made clear that the respondent­State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Bangarh Una, H.P. through e­mail, with a direction to enter the date of grant of bail in the e­prison software.

In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Bangarh Una, H.P., is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, District Jail Bangarh Una, H.P. is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.